Court No. - 44
Case :- APPLICATION U/S 482 No. - 6907 of 2018
Applicant :- Rakesh Singh @ Akhalesh Chandra And Another
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Kumar Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The instant application under section 482 Cr.P.C. has been filed for quashing of the proceedings of complaint Case No.406 of f2011 (Dinesh Swaroop Saxena Vs. Ved Prakash and others), under sections 457, 380, 504, 506 IPC, P.S. Aliganj, District Etah, pending in the court of A.C.J.M., Court no.18, District Etah.
Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case and the applicants have not committed any offence as alleged in the complaint. He further submitted that the marriage of daughter of applicant no.1 was solemnized on 02.12.2007 with one Alok son of Mahesh Swaroop Saxena, who is the nephew of the complainant. Just after six months of the marriage, the daughter of applicant no.1 namely Vandana was murdered on 12.06.2018; the information regarding death of Vandana was given to applicant no.1; FIR was lodged and case was registered vide case crime no.206 of 2008, under sections 498-A, 304- B IPC and 3/4 D.P. Act. The complainant and his elder brother Mahesh Swaroop Saxena have extended threats to the applicants to compromise the matter and in not doing so, the applicants have been falsely implicated in the present case.
Learned Additional Government Advocate appearing on behalf of the State- respondent opposed the contentions raised on behalf of the applicants.
Considering the facts and circumstances of the case, I do not find any ground to quash the proceedings of complaint case, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicants appear and surrender before the court below within four weeks from today and apply for bail, then the bail application of the applicants be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of four weeks from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of. Order Date :- 30.4.2018 Prajapati